How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask F E Smith Your Own Question
F E Smith
F E Smith, Solicitor
Category: UK Law
Satisfied Customers: 8552
Experience:  30 years in General Practice
18203470
Type Your UK Law Question Here...
F E Smith is online now
A new question is answered every 9 seconds

i am just about to send a RX3 to the land registry. i have

This answer was rated:

i am just about to send a RX3 to the land registry. i have indicated that at the time of giving consent for the restriction i believe the restriction was justified. however new information has come to light showing that there is no reason why the restriction should be valid. i have detailed my case. what can the registry ask to see from the restriction holder - in essence, would they now have to prove they have a debt against me?

Good day,

I always strive to reply in the shortest possible time,I may be delayed answering other questions, attending a meeting or in court.

 

Is this in reference to a debt?

Customer: replied 5 years ago.
yes it is in reference to a family debt (albeit it has never been agreed for how much)

Good afternoon,

 

The Land Registry will refer your application to remove the restriction to the restriction holder who would have to prove that they are still entitled to the benefit of the restriction. They would therefore have to show clear evidence that the restriction should continue. It may be that the Land Registry would have to adjudicate on the issue if they are not satisfied with the respective versions. It sounds to me as though you still have sufficient evidence for the case for the restriction to be removed. You will have to await their decision.

 

If I have answered your question, please click on 'Accept' so that I can receive credit, thereafter I will happily deal with your follow up questions.

F E Smith and other UK Law Specialists are ready to help you
Customer: replied 5 years ago.
how long does the process normally take. i appreciate the restrciton holder has 15 days to respond after receiving notice. it is the process after that i am not sure of?

Good morning,

 

It depends on the restriction holder's response as to whether he challenges it or not. Clearly if he does not then the restriction will be removed almost immediately. If however it is challenged then it will have to be referred to the adjudicator and this can sometimes can take up to 3 months to resolve.

 

If I have answered your question, please click on 'Accept' so that I can receive credit, thereafter I will happily deal with your follow up questions
F E Smith and other UK Law Specialists are ready to help you
Customer: replied 5 years ago.

morning

 

i suppose at the end of the day all i want to see is documentary evidence re the alleged debt. all other attempts have failed!!!

 

thanks for your help